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PEOPLE v. BULU CHOWDURY

FACTS:

The case involves Bulu Chowdury and Josephine Ong who were charged with the crime of illegal recruitment in large scale and estafa. Initially, the estafa charges against Chowdury were dismissed and an amended information was filed indicting only Ong for the offense. Chowdury pleaded not guilty to the charge of illegal recruitment.

The prosecution presented four witnesses - private complainants Aser Sasis, Estrella Calleja, and Melvin Miranda, as well as Labor Employment Officer Abbelyn Caguitla. The private complainants testified that they applied for employment through Craftrade Overseas Developers, where Chowdury was a consultant, for jobs in South Korea. They submitted documents and paid processing fees but were not deployed for employment. They later discovered that Craftrade's license had expired and that Chowdury was not a licensed recruiter.

The defense presented Chowdury as a witness who claimed to be an employee of Craftrade and denied receiving money from the applicants. Another defense witness presented a list of accredited principals and processed workers of Craftrade.

Ultimately, the trial court found Chowdury guilty beyond reasonable doubt of the crime of illegal recruitment.

ISSUES:

  1. Whether Bulu Chowdury and Josephine Ong are guilty of illegal recruitment in large scale.

  2. Whether Chowdury should be held liable for estafa.

RULING:

  1. Bulu Chowdury is guilty of illegal recruitment in large scale. Josephine Ong is not mentioned in the ruling.

  2. The ruling does not mention the decision regarding Chowdury's liability for estafa.

PRINCIPLES:

  • Illegal recruitment in large scale is a crime that requires the prosecution to prove the accused's representation of having the capacity to contract, enlist, and transport workers for employment abroad, the lack of required license or authority, and the collection of fees from the workers involved.

  • The lack of a valid license or authority from the Philippine Overseas Employment Administration (POEA) is a requirement for illegal recruitment in large scale.